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INDONESIA
JOURNAL OF PRIVATE AND COMMERCIAL LAW
Published by Universitas Negeri Semarang
ISSN : 25990314     EISSN : 25990306     DOI : -
Core Subject : Economy, Social,
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Journal of Privat and Commercial Law (JPCL) menerima artikel hasil-hasil penelitian dan pemikiran dalam Hukum Perdata Dagang dan Hukum Bisnis. JPCL menerima tulisan dalam dua bahasa, yaitu Bahasa Indonesia dan Bahasa Inggris. JPCL terbit 2 (dua) kali dalam setahun pada bulan Mei dan Nopember. Jurnal ini diterbitkan oleh Bagian Perdata Dagang Fakultas Hukum Universitas Negeri Semarang
Arjuna Subject : -
Articles 134 Documents
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Protection of Patent Holders’ Rights in Indonesia: Between Theories and Practices Uche Nnawulezi; Eva Diah Pitaloka; Indah Fitri Cahyani; Julian Naridha Putri
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.38639

Abstract

Intellectual property constitutes a vital aspect of rights, with patents being a crucial element of intellectual property rights (IPRs). A patent grants an inventor the exclusive right, recognized by the state, to their technological invention for a specified duration, either for personal implementation or through agreements with others. Patents hold great strategic and economic significance for their owners, offering legal protection under national law. This protection serves to incentivize creators to advance quantity and quality, fostering prosperity and a healthy business environment within society. Indonesia, as an active participant in international trade, ratified the establishment of the WTO on November 2, 1994, encompassing the TRIPs agreement, which sets international standards for intellectual property rights. Presently, the safeguarding of patent rights in Indonesia is governed by Law No. 13 of 2016, encompassing both patents and simple patents. This legal framework underscores the government’s commitment to enforcing intellectual property rights protection. The study adopts a qualitative approach, aiming to explore and optimize the legal protection of patent holders in Indonesia.
Anti-Dumping Committee’s Strategy to Confront Dumping Practices: Indonesian Law and International Law Perspective Rifda Ayu Akmaliya; Satria Unggul Wicaksana Prakasa; Sonny Zulhuda
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.44491

Abstract

This study investigates the Indonesian Anti-Dumping Committee's role and legal efforts in addressing dumping practices within the context of Indonesia's membership in the World Trade Organization (WTO) and adherence to the General Agreement on Tariffs and Trade (GATT). Previous research has demonstrated the existence of dumping in imported polyester staple fiber products, leading to the committee's proposal of anti-dumping duties. The committee is responsible for receiving reports on alleged dumping and producing final reports. Despite these efforts, the study reveals an ongoing increase in dumping cases, causing significant social, psychological, and economic consequences for the country. The current institution dealing with dumping practices is considered inefficient and ineffective. To gain a comprehensive understanding of the issue, the research employs a sociolegal research method with a disciplinary approach, acknowledging that relying solely on normative law is insufficient to address dumping practices. In conclusion, this study aims to shed light on the Indonesian Anti-Dumping Committee's role and its legal framework in countering dumping practices. The rising dumping cases and the perceived inefficiency of the existing institution are worrisome. By utilizing a sociolegal research method with a disciplinary approach, the study strives to offer a holistic understanding and potentially contribute to more effective solutions in combating dumping practices.
Two Decades of Business Competition Law: How has Indonesian Competition Law Transformed? Baiquni, Muhammad Iqbal; Waspiah, Waspiah
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.44355

Abstract

This research focuses on the development of competition law in Indonesia, specifically examining the role and impact of Law No. 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition, also known as the Business Competition Law. The objective of this research is to provide an overview of the various changes in business competition law in Indonesia, particularly the establishment of the Business Competition Supervisory Commission (KPPU), responsible for enforcing the law against business competition violations committed by companies or individuals. Additionally, this article will compare Indonesian competition law with that of other countries, such as Australia and Singapore. The research adopts two main methods: a statute approach and a comparative approach. The statute approach involves analyzing three statutory regulations: Law No. 5 of 1999 (Indonesia), Australia Competition and Consumer Amendment Act 2013 (Australia), and Singapore Competition Act 2004 (Singapore). The findings of this study reveal two key weaknesses in Indonesia's Business Competition Law. First, there are deficiencies in both the material and formal aspects of determining prohibitions per se or employing the rule of reason theory. Secondly, there are concerns related to the definition of dominant market positions, necessitating a review of the Business Competition Law to align it with best practices. Additionally, there are issues regarding the neutrality of KPPU as a Quasi-Judicial institution, and the need to safeguard the rights of the reported parties during the judicial process at KPPU. Furthermore, a legal comparison with Australia and Singapore highlights that Indonesia's Business Competition Law lags behind in several areas, resulting in a legal vacuum concerning Mergers and Acquisitions Regulations, Horizontal and Vertical Agreements, Dispute Resolution, and Consumer Protection. In conclusion, this research emphasizes the significance of robust competition laws in promoting fair business competition, economic growth, and foreign investment. It sheds light on the weaknesses of Indonesia's current Business Competition Law and suggests potential areas for improvement based on a comparison with competition laws in Australia and Singapore. Addressing these issues would strengthen Indonesia's competitive landscape and foster a more conducive business environment.
Regulation Concept of Optimizing Biodiversity Function due to Climate Change through Biological Insurance Efridani Lubis; Andrean Al Iksan
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.44132

Abstract

Biological diversity, also known as genetic resources, plays a crucial role in sustaining human existence. Despite its significance, the destruction of these resources continues to persist over time, partly due to the impact of climate change. Numerous mechanisms have been implemented at both international and national levels to address this issue. However, the IUCN Red List indicates that the apprehensive situation persists, with 28% (35,765 species) of known species categorized as threatened with extinction as of 2020. In light of this challenge, an alternative worth considering is the concept of biological insurance, wherein biological or genetic resources become objects of insurance in general. Implementing this approach would require careful adjustments and, more importantly, scientific argumentation to support the idea both legally and economically. By employing normative legal research alongside statute and conceptual approaches, it has become evident that the current environmental insurance available in the market does not adequately protect the uniqueness of biological diversity. To strengthen the protection of biological diversity, it is essential to incorporate the sustainable use of natural resources for the prosperity of people while ensuring their sustainability indefinitely. Developing a comprehensive environmental insurance system would involve proposing a specific set of terms and conditions for biological insurance tailored to its unique characteristics. This approach seeks to safeguard and promote the conservation of biological or genetic diversity effectively.
Implementation of the Age Limitation for Marriage from the Perspective of Indonesian Family and Marriage Law Wahyu Prabowo; Indira Swasti Gama Bhakti; Rr. Yunita Puspandari; Ivana Beatrice
Journal of Private and Commercial Law Vol 7, No 1 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i1.43973

Abstract

The fundamental purpose of marriage is to unite couples as a family within a household. However, societal perceptions of marriage have evolved, particularly among the younger generation, resulting in instances of premarital pregnancies and engaging in dating and sexual activities that may contradict their religious beliefs. This increase in promiscuity has led to a surge in requests for marriage dispensation in courts to bypass the marriage age limit set by Indonesian Law Number 16 of 2019 on Marriage. To address this issue, this research employs a qualitative method to analyze data. The study findings reveal the need to amend Article 7, paragraph (1) of Law Number 1 of 1974 to Article 7, paragraph (1) of Law Number 16 of 2019 on Marriage. This amendment proposes raising the marriage age limit to 19 years old for both men and women, with the aim of ensuring the overall well-being and promoting the possibility of leading a respectable life. However, the implementation of the marriage age limit has not been fully effective due to the existence of Supreme Court Regulation No. 5 of 2019, which outlines guidelines for Marriage Dispensation Application Trials. This regulation weakens the age limitation legally, as judges refer to it when considering granting requests for marriage dispensation. In light of these circumstances, it is crucial for law enforcers and all stakeholders to prioritize the prevention of child marriage during the review process for marriage dispensation. This approach seeks to address the root causes of increasing promiscuity and premarital pregnancies, fostering an environment that encourages responsible and mature decision-making regarding marriage. Therefore, this study also emphasized that to ensure the general welfare of individuals and combat the rise in promiscuity and child marriage, amending marriage laws should be complemented with a focused effort on preventing child marriage during the dispensation process.
Towards Green Economy by Strengthening Supervision of Business Activities Huristak Hartawan Hasibuan, Ali; Arifin, Zainal; Nur Dwi Ulvana, Adella
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47856

Abstract

This Paper underscores the fundamental right of individuals to live in a healthy environment, as guaranteed by the 1945 Constitution of Indonesia. Highlights the growing global environmental challenges, including species extinction, climate change, and pollution, specifically focusing on the Indonesian context. Attention to the intricate relationship between economic activities and environmental degradation, advocating for a shift towards environmentally friendly practices. Employs a normative juridical methodology to analyze the existing legal framework related to environmental monitoring in Indonesia. Scrutinizes the state's environmental control responsibilities and emphasizes the need for enhanced environmental supervision. In the results and discussions section, the Paper explores the state's responsibilities in environmental control, underscores the importance of administrative and criminal sanctions in environmental oversight, and advocates for stringent penalties to discourage non-compliance. The study's findings aim to contribute to the ongoing discourse on environmental protection and sustainable development, emphasizing the urgency of proactive measures to address environmental challenges and promote Indonesia's healthier and more sustainable future.
Covid-19 Pandemic: Force Majeure or Hardship based on the Principle of Good Faith in The Employment Agreement Junaidi, Junaidi; Surahmi, Mila
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47898

Abstract

A Covid-19 pandemic is an event that occurs beyond the parties' control and the parties' fault. However, applying force majeure and hardship in the event of a failure to fulfill achievements in the work agreement is subjective and cannot be used as a general principle. Its application must be carried out by analyzing case by case because not all entrepreneurs are affected by the Covid-19 pandemic, which then causes entrepreneurs to be unable to fulfill their obligations as debtors in work agreements. The employment relationship between workers and the company must obtain legal protection. The method used in this research is normative juridical. Normative research is where the law is conceptualized as what is written in a statutory regulation (law is books) or the law is conceptualized as a rule or norm that is used as the basis for human behavior as a benchmark for good or bad. The purpose of this study is to obtain a solution to termination of employment due to the Covid-19 pandemic by applying the principle of force majeure or hardship in the employment agreement. Research findings suggest that the principle of hardship has not been regulated in positive law in Indonesia, so business activities in Indonesia in general still depend on the force majeure principle as a clause included in agreements and dispute resolution. Companies that terminate employment relations should be replaced by postponing regular work or renegotiating contracts known as hardship
Cancellation of Deed of Sale and Purchase of Land Rights Due to Unlawful Actions Ariatami Edwina, Yossica; Anggriani, Reni
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.46250

Abstract

The deed of sale and purchase agreement (APJB) is a preliminary agreement prior to the transfer of land rights in PPAT which regulates the rights and obligations of the parties and is made based on Article 1320 of the Civil Code concerning the legal terms of the agreement and Article 1338 of the Civil Code concerning the principle of freedom of contract and the principle of good faith by not contrary to law,  order and decency, but in certain conditions the sale and purchase binding agreement can be found to have been canceled by one of the parties to the court because of an unlawful act such as a civil case in East Jakarta District Court decision No. 267/Pdt.G/2019/PN Jkt. Tim. This study analyzes the basis for the judge's consideration in canceling the APJB land rights and the legal consequences of canceling the deed. This type of legal research is normative juridical, namely examining the literature on regulations and literature related to the object of the problem. The results of this study are the basis for the judge's consideration in canceling the APJB of land rights, namely the binding sale and purchase agreement between the seller (plaintiff) and the buyer (defendant) without or not based on an extraordinary power of attorney to sell or carry out binding sales and purchases so that the issuance of the deed is legally flawed. The legal consequences arising from the cancellation of the APJB land rights are null and void and do not have the force of law to bind the parties anymore.Keywords: Sale and Purchase Binding Deed, Cancellation, Unlawful Act.
The Binding Force of The Droit Suite Principle in Land Pledge Regarding The Object of Encumbrance Right Rifai, Achmad
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47899

Abstract

The objective of this research is to analyze the legal protection for the holder of the Right of Encumbrance after the encumbered object of the Right of Encumbrance has been tied to the Customary Land Pledge by the grantor of the Right of Encumbrance. The method employed in this research is normative legal research with a statutory approach and within the scope of customary law. The research outcomes can be summarized as follows: the grantor of the Right of Encumbrance (debtor) can transfer the object of the Right of Encumbrance to the holder of the Customary Land Pledge (third party) because there are two provisions in obtaining a loan from guarantee institutions, namely Law Number 4 of 1996 concerning Encumbrance Rights over Land and Related Objects and Government Regulation in Lieu of Law Number 56 of 1960 concerning the Determination of Agricultural Land Area. Therefore, the principle of droit de suite, or as a property right, provides legal protection for the holder of the Right of Encumbrance (creditor) regarding the transfer of collateral objects with Customary Land Pledge, which is of a personal nature, resulting in the non-binding of debt repayment on the pledged collateral object that was previously encumbered with the Right of Encumbrance.
System of Proof Against First to Use of Trademarks in Lawsuit for Cancelation of Trademark Registration by Bad Faithz Triyana, Usi; Ramadhan Baried, Rizky
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47819

Abstract

This trademark dispute originated with the plaintiff who claimed to be the owner and origin user of the Tempo Gelato brand but did not register himself as the owner. On the other hand, the defendant, who was originally a business partner of the plaintiff, registered herself as the owner of the Tempo Gelato brand, while business was running by them. This dispute was examined by commercial court up to the cassation level with the object of examination being allegations of bad faith by the defendant in registering the Tempo Gelato brand. The formulation of the problem is: 1. What is the proof with the first-to-use argument in canceling the registration of mark with bad faith? How is the review of the procedural law against the decision that granted the counterclaim, while rejecting the lawsuit? This research is a normative one, by analyzing secondary data sources through qualitative analysis. The result is because the court did not find clear evidence regarding the gelato business cooperation agreement, it could not be proven that there was first to use by plaintiff, on the other hand because private procedural law seeks formal evidence, the defendant is considered the owner of the brand base on the fits to file principle. Secondly, the procedural law allows if the lawsuit is not declared unacceptable, then if it is rejected and vice versa, the counterclaim is accepted, it is legal consequence of the existence of a counterclaim which can be proven to have a causal relationship.

Page 13 of 14 | Total Record : 134

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